BUILDING, PLANNING & ENVIRONMENTAL HEALTH

THE BUILDING ACT 2016

From the 1st of January 2017, the Tasmanian State Government has introduced the new Building Act 2016. The new act regulates all building and plumbing work in Tasmania, and the laws and codes apply to everyone who is undertaking building/plumbing work.

These regulations change the current way building and plumbing permits are issued and categorise work into “low risk”, “notifiable (medium risk)” or “permit (high risk)” work.

It is your responsibility as the property owner to ensure that appropriate building/plumbing approval is in place prior to commencement of any building work.

For more information on the new changes please visit the following link www.cbos.tas.gov.au

 

YOUR ROLE AS AN OWNER

As the owner of a property or building, you have the following responsibilities under the Building Act 2016 when building and plumbing work is performed:

  • ensure work is performed by appropriately qualified and licensed contractors and/or practitioners
  • provide correct information to the contractor or practitioner in relation to the proposed work
  •  ensure the premises where the work is to be performed is clearly identified
  • ensure adjoining properties are protected
  •  do not allow the building to be occupied until an occupancy permit is issued (when required)
  • supply sufficient information to another owner for them to maintain the premises
  • notify the permit authority or building surveyor (where appropriate) if the responsible person for the building, plumbing or demolition work changes
  • ensure the work is completed before the permit expires

Fact Sheet – Checklist Owner Responsibilities for Building Work Approvals

Building Act 2016 Section 50 Owners

 

 

BECOMING AN OWNER BUILDER

Below are links to the useful information regarding the responsibilities and obligations of being an owner/builder:

 

 

BUILDING FOR BUSHFIRE

Information on building in Bushfire Prone Areas is available on the Tasmanian Fire Service Website and the following documents:

 

 

HOW TO DETERMINE IF I NEED BUILDING/PLUMBING APPROVAL?

To determine whether Building and/or Plumbing Approval is required, you must read the Directors Determination’s for Building & Plumbing and make a self-assessment.

Unfortunately as Council do not have a Building Surveyor on staff, Council Employees are not qualified to make this determination for you, and cannot offer any advice. If you are in need of any advice, or you are not sure whether your proposal requires building/plumbing approval, you will need to contact a private building surveyor or Consumer, Building and Occupational Services 

Note: there are substantial penalties for undertaking building and plumbing work without a permit.

 

HOW MUCH WILL BUILDING / PLUMBING APPROVAL COST?

The cost of a building / plumbing approval is dependent on the class of building and the value of the works. If the value of works is greater than $20,000, you will be required to pay State Government levies. For more information on the State Government levies please click here

 

 

INFORMATION SHEETS/LINKS:

 

OTHER LINKS:

Note: Don’t forget to check if planning approval is required!

Council’s Environmental Health Officer is responsible for carrying out the duties and functions as required by the Food Act 2003 and associated Food Standards Code Of Australia.

Businesses that prepare and sell food are registered in Council’s database and regular inspections are carried out to ensure compliance with the Food Act 2003.

 

By-Law

Domestic Noise Brochure

 

Caravans

Caravan Application Form 2019-20

Caravan Remission Application 2019-20

 

Food

FREE Online Food Safety Training

Food Business Notification Application

Food Business Registration Application

Guidelines for Temporary Food Stalls

Temporary Food Business Application

 

Place Of Assembly

Place of Assembly Application Form

Smoke Free Management Plan

Smoke Free Public Events – A Guide for Event Organisers 2016

Smoke Free Public Events Policy

 

Immunisations

Council administers an effective immunisation service for the Community, which involves consultation and communication with schools and the Community.

Adult and Child Immunisation Schedule April 2018

Aboriginal and Torres Strait Islander Adult and Child Immunisation Schedule April 2018

Target Influenza Immunisation Schedule April 2018

For further information regarding immunisations you can access the Department of Health & Human Services website by clicking here

 

Supplier of Private Water

Private Water Suppliers DHHS Brochure

Supplier of Private Water Application

Supplier of Private Water Renewal Application

For further information regarding supplier of private water you can access the Department of Health & Human Services website by clicking here

 

Water Carriers

Guidelines For Water Carriers

Water Carriers DHHS Brochure

Water Carrier Renewal Application Form

For further information regarding water carriers you can access the Department of Health & Human Services website by clicking here

 

Raw Water

Keeping Your Raw Water Supply Safe

For further information regarding tank water you can access the Department of Health & Human Services website by clicking here

 

Please contact Council’s Environmental Health Officer, Natalie Rogers on 03 6256 4771.

Application forms available here.

 

Currently advertised Planning Applications can be viewed on our website at http://www.gsbc.tas.gov.au/publicArea1/publicnotices,

All applications can be inspected at the Triabunna Council Offices during normal opening hours.

Applications in the vicinity of Swansea can also be viewed at the Swansea Visitor Information Centre, seven days a week.

Applications in the vicinity of Bicheno can also be viewed at the Bicheno Visitor Information Centre, seven days a week.

Applications in the vicinity of Coles Bay can be view at Coles Bay Post Office during normal opening hours.

 

Find out what zone and what overlays apply to your property

www.iplan.tas.gov.au provides access to the planning scheme and zoning through the ‘my planning inquiry’ from the home page.  My planning inquiry  allows you to search for your address and provides a summary of zones and information as well as providing a link to the scheme text and to www.thelist.tas.gov.au which contains extensive spatial maps and information.

If you have difficulties using iplan please review the iplan help page here.

When attempting to read the planning scheme text on iplan, you must navigate by the left hand panel and click on the ‘open book’ icon on the main panel.

The Glamorgan Spring Bay Interim Planning Scheme 2015 took effect on 5th August 2015.

Please email planning@freycinet.tas.gov.au with any questions relating to zones, overlays and codes.

 

What other approvals are required?

Separate applications must be submitted for Building, Plumbing, and Demolition permits. Information on the Building, Plumbing & Demolition procedure can be found on our website at http://www.gsbc.tas.gov.au/page.aspx?u=512 or phone 62564777

How do I obtain further information?

Council planning officers are available between 8.00am and 5.00pm for assistance Phone 62564777 or email planning@freycinet.tas.gov.au.

How to I apply?

Application for Planning Approval is the first application that must be made if proposing any development. The application form outlines the information that Council may require to be submitted as part of the application. The application may be posted to Glamorgan Spring Bay Council PO Box 6 Triabunna Tas 7190 or emailed to planning@freycinet.tas.gov.au

 

The process

Council is the Planning Authority for the municipal area.  Approval from the Planning Authority is required to:

  • undertake building works
  • make alterations to a building
  • change the use of a building (such as from a house to a short term holiday accommodation or outbuilding to dwelling)
  • undertake land clearing
  • excavate land or place fill or construct an access
  • erect signage
  • make other modifications to a building or land
  • subdivide land

Almost all building works will require planning approval first. All use and development exempt from requiring Planning Approval is listed in the Planning Scheme under the following sections:-

  • 5.0         General Exemptions or
  • 6.0         limited Exemptions.

If your proposal is not listed you will require planning approval.

However you should always contact the Council to find out whether you need planning approval for any use or development you might be considering. Council will also give you advice on the information you will need to provide.

How long does planning approval take?

A discretionary application requires public exhibition and must be assessed within a 42 day timeframe.

A permitted application must be assessed within a 28 day timeframe.

Some applications in residential areas have a No Permit Required status and are assessed within 7 days.

Time can be extended if additional information is required as this will ‘stop the clock’ until the information is satisfactorily provided.

Sometimes, a decision is not possible within the stipulated timeframe and an extension of time from the applicant will be required. This extension of time request is generally negotiated with the applicant and both parties must agree in writing.  This is usually the case if a representation is received as the application must be referred to a meeting of the elected Council.

Council Meetings

Applications are taken to Council Meetings when a discretionary application receives representations to the proposal, or if an application is recommended for refusal. At the Council Meeting a report and recommendation will be tabled to the Councillors and the Councillors will make the determination on the proposal.

Notification of the Decision:

The applicant and representor/s, if applicable, are notified in writing within seven days of the decision being determined.

Planning Permits do not become valid until 14 days after the decision has been notified to the applicant and representor/s (if applicable). This 14 day period allows for appeals to be lodged within this timeframe. If there were no representations lodged to a proposal then the applicant may choose to waiver the appeal rights. This means that the Planning Permit becomes valid immediately and the Building Permit can be released subject to relevant planning conditions being complied with and the building assessment being completed. Where an application receives representations to the proposal, the right of appeal cannot be waivered because the representor/s also have the right to lodge an appeal within 14 days. If an appeal is lodged against an application then the Planning Permit does not become valid until the appeal is resolved.

 

All use of land and all development is regulated by the planning scheme.

All activities must be classified into a Use category and each zone has a Use Table that specifies if the Use is No Permit Required, Permitted, Discretionary or Prohibited.  In addition, the planning scheme has exemptions.

The five types of planning applications: Exempt, No Permit Required, Permitted, Discretionary and Prohibited are explained below:

Exempt

Section 5 and 6 of the Planning Scheme lists specific activities that are exempt from planning.  Council staff can confirm if an exemption applies in writing upon request.  If exempt from planning, you may still require building or plumbing approvals.

No Permit Required:

No Permit Required  applications must be for a Use that has a No Permit Required status if the Use Table for the relevant zone and must also comply with all Acceptable Solutions from the relevant Zone and all applicable Codes.

Planning assessment is still required and plans and an application form must be lodged with Council to confirm and record your proposal as “No Permit Required”.

Often a house in the General Residential and Low Density Residential Zones can be considered No Permit Required if they comply with all the development standards of the Planning Scheme.

Permitted:

Permitted applications are for a Use that has a Permitted  status in the Use Table for the relevant zone and must also comply with all Acceptable Solutions from the relevant Zone and all applicable Codes.

For a Permitted Use or Development, a planning application must be lodged with Council and Council must issue a Planning Permit with or without conditions.

Discretionary Use or Development:

A Discretionary application is required when:

(a) the application is for a Use that is listed as a Discretionary Use in the Use Table for the zone; or

(b) the application is for a Use that is listed as No Permit Required or Permitted in the Use Table for the zone, but the proposed Development does not meet all relevant Acceptable Solutions either within the Zone or within any applicable Code.  In these cases, the application is discretionary as a discretion must be tested against one or more Performance Criteria.

Discretionary applications may be approved or refused based on the whether the application satisfies all relevant provisions of the planning scheme.  If an application does not satisfy one or more Performance Criteria it must be refused by the Planning Authority.

Discretionary applications are publicly exhibited for 14 days during which time written representations can be lodged to Council.  Council will place a public notice in a newspaper and on the public boundaries of the site and will write to adjoining property owners.

Prohibited applications:

A Prohibited Use or Development means that a particular Use  cannot be undertaken in a zone as stipulated in the Use Table for the relevant zone.

How to interpret Acceptable Solutions and Performance Criteria

Each Zone and Code contains a number of Standards.

Each Standard consists of an Objective, one or more Acceptable Solutions and one or more Performance Criteria.

Acceptable Solutions and Performance Criteria, are two different and alternate ways of meeting the Standard.

An Acceptable Solution is an objective, measurable test whereas a Performance Criteria is a performance based and subject test.  Performance Criteria therefore require discretionary decision making by the Planning Authority.

If you cannot meet all relevant Acceptable Solutions, you will need make a discretionary application and seek approval on the basis that you satisfy the relevant Performance Criteria.

In some cases the planning scheme will state ‘No Acceptable Solution’ , in which case the Performance Criteria will also apply, or will state ‘No Performance Criteria’ in which case the Acceptable Solution must be met.

 

As from the 1st July 2017, the State Government introduced new guidelines and regulations regarding visitor accommodation.

If you have a property within a town boundary and seek to rent this on the short-term rental market (typically Airbnb) you will need to comply with these regulations and make an application to Council using prescribed forms.

All forms and other useful information is available at the planning reform website here

Development In Areas With Native Vegetation

For more information on what is required if you are proposing clearing any native vegetation for development please refer to the attached Guidelines.

Guidelines For Development In Areas Containing Native Vegetation

The applicant may appeal a request for additional information and any decision made, including against any particular condition contained within a permit.

A representor can appeal against a condition or a decision.

All appeals are lodged with the Resource Management and Planning Appeal Tribunal (RMPAT). Appeals are required to be submitted to RMPAT within 14 days of the decision with the relevant fee.

 

At its 27 November 2018 meeting, Council resolved to initiated two related planning scheme amendments in the vicinity of Rheban Road, East Shelly Road and Jetty Road, Orford and to approve a draft subdivision permit for 1 lot into 91 residential lots plus public open space and road lots.

AM 2018 07a 07b Consolidated Documents